New Delhi: The Supreme Court collegium headed by the Chief Justice of India Dipak Misra has reiterated its decision on elevation of the Chief Just-ice of Uttarakhand High Court K.M. Joseph as a Judge of the apex court. The collegium which includes Justices Ranjan Gogoi, Madan Lokur, Kurian Joseph and A.K. Sikri at its meeting on July 16 rejected the Centre’s request while returning the file for reconsideration of the appointment of Justice Joseph.
Taking note of the fact that there are nine vacancies at present in the Supreme Court the collegium also recommended the elevation of the Chief Justices of Madras and Orissa High Courts, Indira Banerjee and Vineet Sharan as Judges of the apex court. While Justice Banerjee hails from West Bengal and her parent High Court is Calcutta, Justice Sharan’s parent High Court is Allahabad.
This is for the first time in the history of the Supreme Court that there will be three women judges serving at the same time. At present there are two women judges, Ms R. Banumathi and Ms Indu Malhotra. At its meeting last week on May 11, the collegium decided in principle to reiterate the recommendation in respect of Justice Joseph but to take a final call today. It was adjourned only on the ground that some more time was needed to finalise names of other judges so that the remaining seven vacancies could be filled up.
The resolution which were uploaded in the Supreme Court website today said the collegium had carefully considered the observations made by the Law Minister Ravi Shankar Prasad in his letters dated 26th and 30th April, addressed to the Chief Justice of India referring back the file for reconsideration of the recommendation made on 10th January.
The Collegium said on due consideration of all the aspects mentioned in the aforesaid two letters, resolves to reiterate the afore-mentioned recommendation, especially since nothing adverse regarding suitability of Mr. Justice K.M. Koseph has been pointed out in the aforesaid letters.
On April 26, the Union Law Minister Ravishankar Prasad had announced that the government had cleared the elevation of advocate Ms. Indu Malhotra and put on hold the elevation of Justice Joseph though both the proposals were sent on the same time on January 10 this year. She was sworn in as a judge of the apex court on April 27. While seeking reconsideration of Justice Joseph’s elevation, Mr. Prasad wanted adequate representation for minorities and other High Courts, which are not represented.
Under the Memorandum of Procedure on appointment of Judges, which is existing now, once the proposal if the collegium reiterates the appointment, the government is bound to accept the same but there is no time limit on such appointment.
The other recommendations made by the collegium are:Justice V.K. Tahilramani, senior most Judge of the Bombay High Court is recommended as Chief Justice of Madras High Court to succeed Justice Indira Banerjee. Justice K.S. Jhaveri, senior Judge of Rajasthan High Court (on transfer from Gujarat) will succeed Justice Vineet Sharan as Chief Justice or Orissa High Court.
Justice Gita Mittal, acting Chief Justice of Jammu and Kashmir High Court is made as its permanent Chief justice.Justice Aniruddha Bose, senior Judge of Calcutta High Court who was earlier recommended as Chief Justice of Delhi High Court has now been recommended as Chief Justice of Jharkhand High Court following an objection raised by the Centre.
Justice Hrishikesh Roy, senior-most Judge of Gauhati High Court functioning now as the Acting Chief Justice of Kerala High Court is being made as its Permanent Chief Justice. Justice M.R. Shah, senior most Judge of the Gujarat High Court will be the Chief Justice of Patna High Court, whose Chief Justice Rajendra Menon is being made Chief Justice of Delhi High Court. These recommendations are likely to be processed and notified in two or three weeks.
